Is Justice For All? Is Justice For All? “To me, cruel and unusual punishment is any government action that is meant to be harmful for the sake of being harmful. That action doesn’t connect to the treatment of an individual.” Gustavo Rivera New York State Senator “The Constitution is relatively short and open to a lot of interpretation. The U.S. Supreme Court has the power to decide in each criminal case if something is cruel or unusual. The definition can change over time.” Gustavo Rivera New York State Senator
Transcript
Is Justice For All?Is Justice For All?
“To me, cruel and unusual punishment is any
government action that is meant to be harmful for the sake of being harmful. That action
doesn’t connect to the treatment of an individual.”
Gustavo Rivera New York State Senator
“The Constitution is relatively short and open
to a lot of interpretation. The U.S. Supreme Court has the power to decide in each criminal case if something is cruel or unusual.
The definition can change over time.” Gustavo Rivera
New York State Senator
Is Justice For All?The Eighth Amendment to the United States Constitution says “cruel and unusual punishments [should not be] inflicted.” But what is cruel and unusual punishment? How does an amendment written in 1791 relate to issues today?
In the winter of 2017, CUP collaborated with Teaching Artist Meredith Degyansky and the International Community High School’s 11th grade to peel back the pages of the U.S. Constitution. To investigate, students got out of the classroom and into the politics of our justice system to speak with people about current issues related to cruel and unusual punishment.
Should minors be charged as adults? Should inmates be held in solitary confinement?Who decides?
Students created Public Service Announcements (PSAs) to teach others what they learned, and this postcard set so that you can let elected officials know what you think about issues related to the Eighth Amendment.
The Center for Urban Pedagogy (CUP) is a nonprofit organization that uses the power of design and art to increase meaningful civic engagement, particularly among historically underrepresented communities.
City Studies are CUP’s project-based, in-class and afterschool programs that use design and art as tools to research the city. To learn more about CUP, visit welcometoCUP.org
The International Community High School (ICHS) is a progressive public school for English language learners in the South Bronx. To learn more, visit ichs.weebly.com
This project was made possible by the Bay and Paul Foundations, the New York State Council on the Arts with the support of Governor Andrew M. Cuomo and the New York State Legislature, and the New York City Department of Cultural Affairs in partnership with the City Council. Additional support was provided by Council Member Melissa Mark-Viverito.
To view the PSAs created by the students, visit bit.ly/2ipgJfX
“Recently, New York was just one of two states that treated 16 and 17
year olds as adults. The ‘Raise the Age’ reform states that there is a major difference between
minors and adults, and that they should be treated differently. Adult prisons are not designed with
kids in mind.” Gustavo Rivera
New York State Senator
“In some extreme cases, we may need to treat a minor like
an adult, but I believe that is a very, very small sliver of cases.”
Gustavo Rivera New York State Senator
“If you commit a crime as a minor in the first-degree,
something that was premeditated and violent like murder, then
you should be tried as an adult. That minor took the time to
plan the crime.” Benny Vargas
NYPD Detective
“If you commit the crime, you should pay the time. Victims
and their families deserve a sense of justice, even if the criminal is
a juvenile.” Bronx Community Member
“There is scientific research that shows that the human brain is
not fully formed until the age of 25. The juvenile justice system can still hold individuals accountable for their actions while recognizing
that kids are really different in their decision making process than adults.”
Kate RubinYouth Represent
“Children tried as adults face dramatically different treatment. They face
longer sentences and fewer resources while incarcerated. They are at the highest risk of
assault out of all inmate populations and they are more likely to commit more crimes
when they are older.” Kate Rubin
Youth Represent
To learn more about legal services for minors, visit youthrepresent.org
To investigate all sides of the debate, students from the International Community High School in the Bronx interviewed people invested in New York City’s justice system, from community members to government officials.
Should minors be charged as adults?Should minors be charged as adults?
To contact the Supreme Court, visit supremecourt.gov/contact/contactus.aspx
To learn more about this project, visit: welcometoCUP.org/Projects/CityStudies/IsJusticeForAll
Gustavo Rivera
New York State Senator
“External factors, like public opinion, can
influence Supreme Court decisions.”
“Solitary confinement can be used for protective reasons,
such as stopping an individual from hurting someone else.”
Bronx Community Member
“For a short time, it can allow someone to cool down and
reflect. It’s like a time out for a person to regain control of themselves.”
Benny VargasNYPD Detective
“Sometimes it can be rehabilitating, such as the
proposed Humane Alternative to Long-Term (HALT) Solitary Confinement Act in the New York State Legislature. It doesn’t have to mean depriving an individual of resources and violating
their basic human rights.” Victor Pate
NY Statewide Organizer
“How is the justice system supposed to make you a
better member of society if you’re locked up in basically a closet? No
one is going to learn anything in isolation.”
Benny VargasNYPD Detective
Kate RubinYouth Represent
“There’s absolutely no evidence that solitary
confinement makes people less likely to commit a crime. Statistics actually show that they are more likely to reoffend. It causes real trauma, psychological damage,
and increases the chances of self-harm when somebody is isolated
from all human contact.”
To learn more about HALT, visit nycaic.org
To investigate all sides of the debate, students from the International Community High School in the Bronx interviewed people invested in New York City’s justice system, from community members to government officials.
“Solitary confinement is ultimately a form of torture. It is cruel and unusual punishment.”
Gustavo Rivera New York State Senator
Should inmates be held in solitary confinement?Should inmates be held in solitary confinement?
To find your elected officials, visit usa.gov/elected-officials
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